§ 564.1 - Authority, purpose, and scope.

§ 564.1 Authority, purpose, and scope.

(a) Authority. This part is issued by the Office of Thrift Supervision (“OTS”) under title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (“FIRREA”) (Pub. L. 101-73, 103 Stat. 183, 511 (1989)), 12 U.S.C. 3301 et seq., and the Home Owners' Loan Act (“HOLA”), 12 U.S.C. 1461 et seq., as amended by FIRREA.

(b) Purpose and scope.

(1) Title XI provides protection for federal financial and public policy interests in real estate related transactions by requiring real estate appraisals used in connection with federally related transactions to be performed in writing, in accordance with uniform standards, by appraisers whose competency has been demonstrated and whose professional conduct will be subject to effective supervision. This part implements the requirements of title XI and applies to all federally related transactions entered into by the OTS or by institutions regulated by the OTS (“regulated institutions”).

(2) This part:

(i) Identifies which real estate-related financial transactions require the services of an appraiser;

(ii) Prescribes which categories of federally related transactions shall be appraised by a State certified appraiser and which by a State licensed appraiser; and

(iii) Prescribes minimum standards for the performance of real estate appraisals in connection with federally related transactions under the jurisdiction of the OTS.

[55 FR 34547, Aug. 23, 1990]